G.R. No. 199219 ; April 3, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GERRY OCTAVIO Y FLORENDO and REYNALDO CARIÑO Y MARTIR, Accused-Appellants.

FACTS

On August 16, 2007, based on an informant’s tip regarding illegal drug activities by Gerry Octavio alias “Buboy” in Barangay Olympia, Makati City, an anti-narcotics team from the Makati Anti-Drug Abuse Council (MADAC) was formed. After coordinating with the Philippine Drug Enforcement Agency (PDEA), a buy-bust operation was conducted. MADAC operative Danilo Baysa acted as the poseur-buyer, with pre-marked two hundred peso bills as buy-bust money. Upon arrival at the target area, the team saw Octavio conversing with another male. Baysa and the asset approached them. The other male, later identified as Reynaldo Cariño alias “Nano,” offered to sell shabu to Baysa, showing two plastic sachets. Octavio then asked Baysa how much he wanted to buy. Baysa handed the marked money to Octavio in exchange for one plastic sachet of suspected shabu. After the transaction, Baysa gave the pre-arranged signal, and the team arrested Octavio and Cariño. A body search on Octavio yielded the marked money and two more plastic sachets of suspected shabu. Two plastic sachets of suspected shabu were also recovered from Cariño. The accused and the seized items were brought to the office for investigation and later to the PNP Crime Laboratory for examination.
The accused presented a different version. Cariño claimed he was arrested inside his house by men looking for his cousin, Cesar Martir, and was told they had the wrong person. Octavio claimed he was arrested while walking along Pateros Street, accused of using drugs, and then threatened to provide information about Cesar Martir. Both denied the charges and claimed the evidence was planted.
Three separate Informations were filed: one against Octavio for illegal sale of dangerous drugs (Sec. 5, R.A. No. 9165 ), one against Octavio for illegal possession (Sec. 11), and one against Cariño for illegal possession (Sec. 11).

ISSUE

Whether the Court of Appeals erred in affirming the Regional Trial Court’s decision finding accused-appellants Gerry Octavio and Reynaldo Cariño guilty beyond reasonable doubt of violating Republic Act No. 9165 .

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Court of Appeals’ Decision which upheld the convictions.
The Court found that the prosecution successfully established all elements of the crimes charged. For the illegal sale under Section 5, the prosecution proved the transaction where Octavio sold a sachet of shabu to the poseur-buyer in exchange for marked money. For the illegal possession under Section 11, the prosecution proved that Octavio and Cariño were found in possession of sachets of shabu without legal authority.
The Court rejected the defenses of frame-up and denial, noting they are inherently weak and cannot prevail over the positive identification and credible testimonies of the police officers who conducted the legitimate buy-bust operation. The Court also found that the chain of custody of the seized drugs was properly preserved, as the items were immediately marked, inventoried, and sent to the crime laboratory, establishing their integrity as evidence.
The penalties imposed by the RTC were affirmed. In Criminal Case No. 07-1580 (sale), Octavio was sentenced to life imprisonment and a fine of ₱500,000. In Criminal Case No. 07-1581 (possession), Octavio was sentenced to an indeterminate penalty of 12 years and 1 day to 14 years and 8 months, and a fine of ₱300,000. In Criminal Case No. 07-1582 (possession), Cariño was sentenced to an indeterminate penalty of 12 years and 1 day to 14 years and 8 months, and a fine of ₱300,000.